Gurgun, A P and Koc, K (2023) The role of contract incompleteness factors in project disputes: A hybrid fuzzy multi-criteria decision approach. Engineering, Construction and Architectural Management, 30(9), pp. 3895-3926. ISSN 0969-9988
Abstract
Purpose: Contract incompleteness with deficiency, inconsistency, defectiveness, and ambiguity in contract clauses, which can cause misunderstandings and misinterpretations, may result with disputes in projects. This study aims to investigate contract incompleteness factors with a hybrid fuzzy multi-criteria decision approach. Design/methodology/approach: Contract incompleteness factors were ranked by fuzzy VIKOR (Visekriterijumska Optimizacija I Kompromisno Resenje) method, and the most significant factors were subjected to fuzzy decision-making trial and evaluation laboratory (DEMATEL) to examine their causal relationships. The study is not limited to ranking the identified factors solely, since their cause-effect interactions are also essential for proper risk management in construction projects. Findings: Hybrid use of multi-criteria analysis reveals that ambiguity in enforceability including excessive demands and significant amendments in the scope of works are the top two causal contract incompleteness factors, while lack of implementation details and focus of focal point, and insufficient supporting and technical documents are the most affected ones. Originality/value: Contractual causes of disputes due to contract incompleteness factors other than requirements of the contracts have been rarely investigated in the literature. The research is one of the first studies in the literature investigating the causal relationship among factors in construction contracts, which might lead to project disputes. Findings are expected to improve contract drafting, eventually contributing to effective risk management in construction projects.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | contract incompleteness; contractual risks; fuzzy dematel; fuzzy vikor; multi criteria methods; project dispute resolution |
| Index terms: | documents, construction project, decision-making, methodology, laboratory, construction contract, risk management, resolution, interaction, implementation, fuzzy logic, dispute, contract drafting |
| Subjects: | dispute resolution, risk assessment, contract type, contractual arrangements, data science, contract formation, production management, professional development, research methods, behavioral psychology, conflict resolution, decision analysis, research management |
| Topics: | Information Management, Project Management, Research Practice, Stakeholder Management, Risk Management, Procurement, Digital Applications, Legal Issues, Contract Administration |
| Descriptive scope: | 4 PCTA |
N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here